Florida Senate - 2025                                    SB 1028
       
       
        
       By Senator Davis
       
       
       
       
       
       5-00919-25                                            20251028__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         943.0579, F.S.; providing for the effect of criminal
    4         history records ordered expunged; providing an
    5         exemption from public records requirements for
    6         criminal history records ordered expunged which are
    7         retained by the department; providing criminal
    8         penalties for the disclosure of information relating
    9         to expunged criminal history records; providing for
   10         future legislative review and repeal of the exemption;
   11         providing a statement of public necessity; providing a
   12         contingent effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Present subsection (5) of section 943.0579,
   17  Florida Statutes, as created by SB 1026, 2025 Regular Session,
   18  is redesignated as subsection (6), and a new subsection (5) is
   19  added to that section, to read:
   20         943.0579 Expunction of a qualifying marijuana offense.—
   21         (5) EFFECT OF EXPUNCTION ORDER.—
   22         (a) A criminal history record of a minor or an adult which
   23  is ordered expunged by a court of competent jurisdiction
   24  pursuant to this section must be physically destroyed or
   25  obliterated by any criminal justice agency having custody of
   26  such record, except that the department shall retain all
   27  criminal history records in its custody in all cases. A criminal
   28  history record ordered expunged which is retained by the
   29  department is confidential and exempt from s. 119.07(1) and s.
   30  24(a), Art. I of the State Constitution and is not available to
   31  any person or entity except upon order of a court of competent
   32  jurisdiction. A criminal justice agency may retain a notation
   33  indicating compliance with an order to expunge.
   34         (b) The person who is the subject of a criminal history
   35  record expunged under this section or under other provisions of
   36  law, including former ss. 893.14, 901.33, and 943.058, may
   37  lawfully deny or fail to acknowledge the arrests covered by the
   38  expunged record, except when the subject of the record:
   39         1. Is a candidate for employment with a criminal justice
   40  agency;
   41         2. Is a defendant in a criminal prosecution;
   42         3. Concurrently or subsequently petitions for relief under
   43  this section, s. 943.0583, or s. 943.059;
   44         4. Is a candidate for admission to The Florida Bar;
   45         5. Is seeking to be employed or licensed by or to contract
   46  with the Department of Children and Families, the Division of
   47  Vocational Rehabilitation within the Department of Education,
   48  the Agency for Health Care Administration, the Agency for
   49  Persons with Disabilities, the Department of Health, the
   50  Department of Elderly Affairs, or the Department of Juvenile
   51  Justice or to be employed or used by such contractor or licensee
   52  in a sensitive position having direct contact with children, the
   53  disabled, or the elderly;
   54         6.a. Is seeking to be employed or licensed by, or contract
   55  with, the Department of Education, any district unit under s.
   56  1001.30, any special district unit under s. 1011.24, the Florida
   57  School for the Deaf and the Blind under s. 1002.36, the Florida
   58  Virtual School under s. 1002.37, a virtual instruction program
   59  under s. 1002.45, a charter school under s. 1002.33, a hope
   60  operator under s. 1002.333, an alternative school under s.
   61  1008.341, a private or parochial school, or any local
   62  governmental entity that licenses child care facilities;
   63         b. Is seeking to be employed or used by a contractor or
   64  licensee under sub-subparagraph a.; or
   65         c. Is a person screened under s. 1012.467;
   66         7. Is seeking to be licensed by the Division of Insurance
   67  Agent and Agency Services within the Department of Financial
   68  Services; or
   69         8. Is seeking to be appointed as a guardian pursuant to s.
   70  744.3125.
   71         (c) Subject to the exceptions in paragraph (b), a person
   72  who has been granted an expunction under this section, former s.
   73  893.14, former s. 901.33, or former s. 943.058 may not be held
   74  under any provision of law of this state to have committed
   75  perjury or to be otherwise liable for giving a false statement
   76  by reason of such person’s failure to recite or acknowledge an
   77  expunged criminal history record.
   78         (d) Information relating to the existence of an expunged
   79  criminal history record which is provided in accordance with
   80  paragraph (a) is confidential and exempt from s. 119.07(1) and
   81  s. 24(a), Art. I of the State Constitution, except that the
   82  department shall disclose the existence of a criminal history
   83  record ordered expunged to the entities set forth in
   84  subparagraphs (b)1. and 4.-8. for their respective licensing,
   85  access authorization, and employment purposes and to criminal
   86  justice agencies for their respective criminal justice purposes.
   87  It is unlawful for an employee of an entity set forth in
   88  subparagraph (b)1., subparagraph (b)4., subparagraph (b)5.,
   89  subparagraph (b)6., subparagraph (b)7., or subparagraph (b)8. to
   90  disclose information relating to the existence of an expunged
   91  criminal history record of a person seeking employment, access
   92  authorization, or licensure with such entity or contractor,
   93  except to the person to whom the criminal history record relates
   94  or to persons having direct responsibility for employment,
   95  access authorization, or licensure decisions. A person who
   96  violates this paragraph commits a misdemeanor of the first
   97  degree, punishable as provided in s. 775.082 or s. 775.083.
   98         (e)This subsection is subject to the Open Government
   99  Sunset Review Act in accordance with s. 119.15 and shall stand
  100  repealed on October 2, 2030, unless reviewed and saved from
  101  repeal through reenactment by the Legislature.
  102         Section 2. The Legislature finds that it is a public
  103  necessity that criminal history records relating to qualifying
  104  marijuana offenses be made confidential and exempt from s.
  105  119.07(1), Florida Statutes, and s. 24(a), Article I of the
  106  State Constitution. Criminal history records for small amounts
  107  of marijuana or paraphernalia that meets the definition of
  108  marijuana delivery devices are low-level, nonviolent offenses
  109  for which persons with such criminal history records should not
  110  have job or housing challenges as a result of for the rest of
  111  their lives. Focusing on marijuana diverts limited resources and
  112  prevents police from focusing on real crime, and marijuana laws
  113  have historically been disproportionately enforced against
  114  persons from minority groups. For these reasons, the Legislature
  115  finds that it is a public necessity that the exempt status of
  116  such information received by the department be maintained.
  117         Section 3. This act shall take effect on the same date that
  118  SB 1026 or similar legislation takes effect, if such legislation
  119  is adopted in the same legislative session or an extension
  120  thereof and becomes a law.